People v. Dotson CA3
Opinion
Opinion
Mauro, J.
BACKGROUND
In June 2012, when defendant was 19 years old, he placed his penis in 13-year-old M.B.’s vagina without her consent and with sexual intent. The People charged him with committing a lewd and lascivious act on a child under the age of 14 years. (Count one, § 288, subd. (a).) It was further alleged defendant had substantial sexual contact with the victim. (§ 1203.066, subd. (a)(8).) On October 30, 2013, the trial court issued a protective order on defendant pursuant to section 136.2. The order was set to expire three years later on October 30, 2016. The trial court subsequently issued two additional protective orders on October 2 and October 24, 2014. Those were also issued pursuant to section 136.2 and they were set to expire three years later in October 2017. Defendant pleaded no contest to count one. (§ 288, subd. (a).) Consistent with the agreement of the parties, the trial court sentenced defendant on July 9, 2015, to three years in prison. Defendant was required to register as a sex offender pursuant to section 290. There is no indication in the record that the trial court considered a postconviction restraining order.